Filed: May 29, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 29, 2007 Charles R. Fulbruge III Clerk No. 06-60622 Summary Calendar LEONARD MURRAY, Petitioner-Appellant, versus CONSTANCE REESE, Respondent-Appellee. - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:06-CV-9 - Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Leonard Murray, federal prisoner # 17845-074, was c
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 29, 2007 Charles R. Fulbruge III Clerk No. 06-60622 Summary Calendar LEONARD MURRAY, Petitioner-Appellant, versus CONSTANCE REESE, Respondent-Appellee. - Appeal from the United States District Court for the Southern District of Mississippi USDC No. 5:06-CV-9 - Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Leonard Murray, federal prisoner # 17845-074, was co..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 29, 2007
Charles R. Fulbruge III
Clerk
No. 06-60622
Summary Calendar
LEONARD MURRAY,
Petitioner-Appellant,
versus
CONSTANCE REESE,
Respondent-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 5:06-CV-9
--------------------
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Leonard Murray, federal prisoner # 17845-074, was convicted
in the United States District Court for the Eastern District of
Tennessee of conspiracy to manufacture methamphetamine and
possession of a firearm in furtherance of a drug trafficking
offense and sentenced to 248 months of imprisonment. Murray’s
conviction and sentence were affirmed on appeal. United States
v. Murray, 35 F. App’x 125, 128 (6th Cir. 2002). Murray
subsequently filed a motion in the Eastern District of Tennessee
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 06-60622
-2-
to vacate, set aside, or correct his sentence pursuant to
28 U.S.C. § 2255, based on ineffective assistance of counsel.
In January 2006, Murray filed an application for habeas
relief pursuant to 28 U.S.C. § 2241 in the Southern District of
Mississippi, the district in which he is incarcerated. He
appeals the district court’s dismissal of the petition for lack
of jurisdiction.
The district court, as the place of Murray’s incarceration,
can exercise jurisdiction only over a properly filed § 2241
petition that challenges the manner in which a sentence is
executed. See Reyes-Requena v. United States,
243 F.3d 893, 901
(5th Cir. 2001). This court has held that “a § 2241 petition
that seeks to challenge the validity of a federal sentence must
either be dismissed or construed as a section 2255 motion.” Pack
v. Yusuff,
218 F.3d 448, 452. However, a petitioner can attack
the validity of his conviction in a § 2241 petition, but only if
he can meet the requirements of the “savings clause” of § 2255.
Reyes-Requena, 243 F.3d at 878. To meet the requirements of the
“savings clause,” the petitioner must show that his remedy under
§ 2255 would be “inadequate or ineffective to test the legality
of his detention.” § 2255;
Reyes-Requena, 243 F.3d at 901.
Murray’s § 2241 challenges the validity of the sentence
itself, not the manner in which the sentence was executed.
Consequently, the district court was without jurisdiction to
entertain Murray’s claims unless Murray could demonstrate that
No. 06-60622
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they fell within the “savings clause” of § 2255. Murray’s claim
based on United States v. Booker,
543 U.S. 220 (2005), does not
fall within § 2255 savings clause. Padilla v. United States,
416
F.3d 424, 426-27 (5th Cir. 2005). Accordingly, the judgment of
the district court dismissing Murray’s § 2241 petition for want
of jurisdiction is AFFIRMED.